Chap. 63.—An ACT to amend and re-enact Sections 52 and 62, as heretofore
amended, of Chapter 342 of the Acts of the General Assembly of 1932, approved
March 26, 1932, and known, designated and cited as the Motor Vehicle Code
of Virginia, said sections relating to powers of local authorities and to speeds
and other prohibited acts. (H B 223]

Approved February 20, 1940

1. Be it enacted by the General Assembly of Virginia, That
sections fifty-two and sixty-two, as heretofore amended, of chapter
three hundred and forty-two of the Acts of the General Assembly of
nineteen hundred and thirty-two, approved March twenty-sixth,
nineteen hundred and thirty-two, and known, designated and cited
Section 52. Powers of local authorities——Local authorities in
cities or towns shall have no power or authority to decrease any speed
limitation declared in this chapter or to enact or enforce any ordi-
nance, rule and regulation contrary to the provisions of this chapter,
except that such local authorities shall have power to provide by
ordinance for the regulation of traffic by means of traffic officers or
semaphores or other signalling devices on any portion of the highway
where traffic is heavy or continuous, or where in their judgment con-
ditions may require, and may prohibit other than one way traffic
upon certain highways and may regulate the use of the highways bv
processions or assemblages.

Such local authorities may also, when and where conditions
require: :

(a) Adopt any such ordinances, rules and regulations not in
conflict with the provisions of this chapter, as the proper local au-
thority shall deem advisable and necessary, and to repeal, amend or
modify any such ordinance, rule or regulation; provided, however,
that such ordinances, rules or regulations shall not be deemed to be
violated if, at the time of the alleged violation, the designation placed
in conformity with this paragraph was missing, effaced, mutilated, or
defaced, so that an ordinary observant person, under the same cir-
cumstances, would not be appraised of or aware of the existence of
such rule. Such authority may also, when and where conditions
require, enact ordinances, or adopt police regulations, requiring all
vehicles to come to a full stop at any street intersection other than a
street which has been designated as a part of the primary system of
State Highways in any town having a population of less than thirty-
five hundred according to the United States census of nineteen hun-
dred and twenty.

(b) Officers of the law, authorized or permitted under this
chapter, shall, by voice, hand or signal, direct all traffic, but shall
not forbid or prevent any one from proceeding or standing in a man-
ner permitted or required by law.

(c) Signals by traffic officers shall be as follows:

(1) By hand, to stop traffic, stand with shoulders parallel with
moving traffic, and with arms raised forty-five degrees above shoulder
toward moving lines of traffic, hand extended, palm toward traffic
to be stopped. Repeat movement with other hand to stop traffic
from opposite direction. By hand, to move traffic, stand so that
shoulders are parallel to line of traffic to be moved. Extend right
arm and hand full length, height of shoulders toward said traffic,
fingers extended and joined, palm downward, bring hand sharply in
direction traffic is to move. Face about and repeat the same move-
ment to move traffic proceeding from opposite direction.

(2) By whistle, one blast—moving traffic to stop; two blasts,
traffic in opposite direction to move; three or more short blasts, to
warn of approach of fire apparatus, or of an emergency when all
traffic shall immediately clear the intersection and stop.

(d) Signals by lights or semaphores shall be as follows: Red
indicates that traffic then moving shall stop and remain stopped as
long as the red signal is shown. Green indicates that traffic shall
then move in the direction of the signal, and remain in motion as
long as the green signal is given.

Amber indicates that a change is about to be made in the direc-
tions of the movement of traffic. When the amber signal is shown,
traffic which has not already entered the intersection, including the
crosswalks, shall stop, but, that which has entered the intersection
shall continue to move until the intersection has been entirely cleared.

When semaphores not in operation, the use of amber light indi-
cates need for caution.

(e) The authorities of counties, except as herein otherwise pro-
vided, in this State shall have no authority to adopt any ordinances,
rules and regulations concerning matters covered by this chapter of
this act. All ordinances, rules and regulations, except as herein
otherwise provided, adopted by the authorities of any county in
conflict with the provisions of this subsection of this section are
hereby repealed. |

Provided, however, that nothing in this subsection shall apply to
the authorities or the ordinances, rules and regulations adopted by
the authorities of any county which adjoins a city within or without
this State having a population of one hundred and twenty-five thou-
sand or more, provided such county has a trial justice, and, provided,
further, that the fines collected for the violation of such ordinances
shall be paid to the State when the arrest is made by an officer of
any division of the State government.

(f) Notwithstanding other provisions of this section, the board
of supervisors or other governing body of any county having, ac-
cording to the last preceding United States census, more than six
hundred inhabitants per square mile, may by ordinance prescribe
maximum speed limits for vehicles operated upon any highway in
such county, or for certain sections or zones thereof designated by
the said board of supervisors or other governing body of such county,
and fix penalties for violations of such ordinances, which penalties,
however, shall not exceed the penalties prescribed for violations of
the provisions of section sixty-two of this act. Such maximum speed
limits may parallel, reduce or increase those prescribed by subsection
(b) of section sixty-two of this act. When the board of supervisors
or other governing body of any such county prescribes maximum
speed limits, for any highway or highways in such county, then ap-
propriate markers or signs stating such maximum speed shall be
erected and maintained on or along those highways in such county;
such markers or signs on or along State Highways shall be erected
and maintained by the State Highway Commission; and such markers
or signs on or along other highways shall be erected and maintained
by such county. The approval of any such ordinance by the circuit
court of such county or the judge thereof in vacation is not required,
but a certified copy of each such ordinance affecting any one or more
State highways shall, promptly after adoption, be filed by the said
board or body of such county with the State Highway Commission.
All. fines collected for the violation of any such ordinance shall be
paid to the State when the arrest is made by an officer of any division
of the State government.

(g) The governing bodies of cities and towns may by ordinance,
whenever, in their judgment conditions so require, (1), prohibit the
use of motor trucks, except for the purpose of receiving loads or
making deliveries, on certain designated streets; (2), restrict the use
of motor trucks passing through the city or town, to such street or
streets, as may be designated in such ordinance; (3), prohibit the
use of certain designated streets by private carriers for hire as well
as common carriers, except for the purpose of receiving passengers or
goods or making deliveries.

Section 62. Restrictions as to speed; other acts declared misde-
meanors.—Any person who shall

(a) Drive any vehicle upon a highway in this State at such speed
as unnecessarily to block, hinder or retard the orderly and safe use
of the highway or so as to cause congestion on the highway, or

(b) Drive upon any highway in this State any motor vehicle at
a speed in excess of

(1) Fifteen miles an hour when passing a school during recess
or while children are going to or leaving school, provided that markers
be placed on the highway so as to indicate the location of such schools,
or

(2) Fifteen miles an hour in a business district as defined in this
act, or

(3) Twenty-five miles an hour in a residential district as defined
in this act, or

(4) Such speed as shall be fixed by the State Highway Com-
mission or the authorities of cities and towns, for congested areas or
curves, right angle turns or other dangerous points on the highways,
when such areas or points are clearly indicated by markers or signs, or

(5) Drive anywhere else upon a highway in this State any
school bus carrying school children to or from school at a speed in
excess of thirty-five miles per hour, or any other passenger carrying
bus at a speed in excess of fifty miles per hour or any passenger motor
vehicle or motorcycle at a speed in excess of fifty-five miles per hour,
or any other motor vehicle, including trucks, at a speed in excess of
forty-five miles per hour, or

(c) Drive to the left of the center of the street except upon one-
way streets, or .

(d) Violate any provision of the right of way laws, as set forth
in sections seventy-six and seventy-seven of this act, or

(e) Drive a vehicle out of an alley, lane or building into a street
without first bringing such vehicle to a stop immediately before
entering such street, or

(f) Make a left turn without passing to the right of the center
of the intersection, whether marked or not, or

(g) Make a right turn without keeping close to the curb, or

(h) Coast or operate a motor vehicle with the gears in neutral, or

(i) While operating a vehicle upon any highway, fail or refuse to
control the lights of such vehicle by shifting, depressing, tilting or
limming the headlight beams thereof so as not to project into the
syes of the driver of any oncoming vehicle a glaring or dazzling light, or

(j) Drive any motor vehicle in any county having, according to
the last preceding United States census, more than six hundred in-
nabitants per square mile, or in any section or zone of such county, at
iny speed greater than the applicable maximum speed or speeds pre-
scribed therefor pursuant to the provisions of subsection (f) of section
fifty-two of this act, by the board of supervisors or other governing
board of such county, shall be guilty of a misdemeanor and upon
conviction, shall be punished in accordance with the provisions of
section one hundred and eighteen of this act.

2. An emergency existing, this act shall be in force from its
passage.